Electronic discovery, commonly referred to as e-discovery, refers to any process in which electronic data is sought, located, secured and searched with the intent of using it as evidence in a legal proceeding, an audit, a securities investigation, a forensics investigation or the like. E-discovery can be carried out offline on a particular computer or it can be accomplished in a network environment.
The nature of digital data makes it extremely well-suited for investigation. In particular, digital data can be electronically searched with ease, whereas paper documents must be scrutinized manually. Furthermore, digital data is difficult or impossible to completely destroy, particularly if the data is stored in a network environment. This is because the data appears on multiple hard drives, and because digital files, even if deleted, generally can be undeleted. In fact, the only reliable means of destroying digital data is to physically destroy any and all hard drives where it is stored.
In the process of electronic discovery, data of all types can serve as evidence. This can include text, image, calendar event data, databases, spreadsheets, audio files, multimedia files, web sites and computer programs. Electronic mail (i.e., e-mail) can be an especially valuable source of evidence in civil or criminal litigation, because people are often less careful in these exchanges than in hard copy correspondence such as written memos or postal letters.
E-discovery is an evolving field that goes far beyond mere technology. It gives rise to multiple issues, many of which have yet to be resolved. For example, identifying data required to satisfy a given discovery request, locating the appropriate set of data that has been identified, and retrieving the data once it has been identified and located all pose problems in and of themselves. This is especially evident if the data that is being identified, located and retrieved comes from an evolving or disparate enterprise, such as a corporation that has experienced mergers, acquisitions, downsizing and the like. Mergers and acquisitions mean that the technology infrastructure across the enterprise may vary, at least in the interim. However, e-discovery must be able locate and retrieve data from these disparate technology infrastructure in a timely fashion, sometimes within days of when the merger/acquisition occurs.
In addition to identifying, locating and retrieving digital data, the most critical part of any electronic discovery is the preservation of data, which involves maintaining an original source copy and storing it for preservation purposes or furthering processing. This too becomes a daunting task for the enterprise system that encompasses a myriad of different technology infrastructures and the like. Therefore, a need exists to improve the identification, location, retrieval and preservation processes, especially in instances in which the enterprise system includes disparate technology infrastructures and the like.
As previously noted, e-discovery, as opposed as conventional discovery of printed materials, provides for the ability to filter or search the data so as to reduce the volume of data to only that which is relevant to the request. Such searching is typically accomplished by determining a specific date range for the request, providing key words relevant to the case and the like. Improvements in the area of searching are greatly in need to further add efficiency to the overall e-discovery process.
Once data has been retrieved, preserved and, in some instances, searched the electronic data may be reviewed by the requesting entry, such as a law firm, securities commission or the like. While large requests are generally suited for online review, the manner in which the data is presented for review adds efficiency to the review process and ultimately drives the cost of the review process. Therefore, improvements in the manner in which data is presented for review are also desirable as a means of increasing efficiency and reducing costs.
Lastly, once the digital data has been reviewed, data identified as relevant may need to be produced in a tangible format for further analysis or legal evidentiary purposes. The produced documents must be properly identified and include necessary redactions and confidentiality markings.
Up until now, e-discovery management has been conducted on a case-by-case basis, meaning all tasking and workflow related to the e-discovery is based at the case level. Such management does not allow for finer granularity in the management of a case or for links to exist between different cases for the purpose of leveraging the e-discovery related to one case to another new or pre-existing case. Therefore, a need exists to improve the manner in which cases are managed and, in particular, how tasking and workflow are managed depending on case requirements and the like.
One specific problem associated with electronic discovery is the identification and timely addition of individuals, referred to herein as custodians, that need to added to a case or a matter. A custodian is an individual that possesses information, in particular electronic data, such as e-mails, documents and the like, relevant to an assigned case or matter and, therefore, collection of the data from the custodian is necessary. However, in many instance the electronic discovery associate is provided with a plethora of disparate information pertaining to individuals who may require addition, as custodians, to a case or matter. This information may include, but is not limited to, first names, last names, email addresses, telephone numbers, employee numbers and the like. If the e-discovery associate is not in possession with enough information to positively identify an individual as the individual that requires addition to the case or matter, the e-discovery associate is tasked with searching various databases or the like, either manually or electronically, to confirm the identity of an individual and to gather the requisite information needed to add the individual, as a custodian, to the case or matter. Such searching is a time-consuming endeavor that is exasperated when a multitude of individuals require addition to a case or matter
Therefore, a need exists to be able to positively identify individuals for addition, as custodians, to cases or matters within an electronic discovery system. The desired solution should provided for performing the identification in bulk, such that a large number of individuals can be simultaneously identified without having to perform separate searches. In addition, once a plurality of individuals have been positively identified as the individuals that require addition, as custodians, to the case or matter, a need exists to add these individuals, in unison, to the case or matter, as a means of providing further efficiency to the overall case management process. Additionally, a need exists to define the added custodians as a group and to automatically perform certain e-discovery activities based on adding the group of custodians to the case.